In light of the COVID-19 pandemic, Congress and the Federal Communications Commission (FCC) have ramped up efforts to subsidize the provision of the telecommunications and broadband services necessary to deliver telehealth solutions. This includes steps to make it easier for eligible health care providers to secure funding under the FCC’s existing Rural Healthcare (RHC) program, … Continue Reading
On April 2, 2020, the U.S. Department of Health and Human Services (“HHS”) issued a Notification of Enforcement Discretion (the “Notification”) regarding the disclosure of protected health information (“PHI”) to public health authorities and use of PHI to perform analytics for such authorities. Designed to “facilitate uses and disclosures for public health and health oversight … Continue Reading
This month, the U.S. Department of Health and Human Services (“HHS”) issued guidance waiving enforcement of certain provisions of the Health Insurance Portability and Accountability Act (“HIPAA”) in response to the COVID-19 nationwide public health emergency. Covered Health Care Providers On March 17, 2020, the Department of Health and Human Services Office for Civil Rights … Continue Reading
Last week, Senators Amy Klobuchar (D-MN) and Lisa Murkowski (R-AK) introduced the Protecting Personal Health Data Act (S. 1842), which would provide new privacy and security rules from the Department of Health and Human Services (“HHS”) for technologies that collect personal health data, such as wearable fitness trackers, social-media sites focused on health data or … Continue Reading
Earlier this year, President Trump signed into law the Bipartisan Budget Act of 2018 (BBA), which incorporates provisions from the Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act of 2017 and improves access to telehealth services in Medicare Advantage. Pub. L. No. 115-123. Among other provisions impacting Medicare Advantage Organizations (MAOs), … Continue Reading
Today, as expected, the U.S. Federal Communications Commission (“FCC”) adopted an order repealing the agency’s 2015 net neutrality rules and changing the legal framework that governs Internet Service Providers (“ISPs”). The vote split along party lines, with the agency’s three Republicans voting in favor and its two Democrats dissenting. Once today’s order goes into effect, … Continue Reading
Last week, Senators Cory Gardner (R-CO) and Gary Peters (D-MI) introduced new legislation to test expanded Medicare coverage of telehealth services. The Telehealth Innovation and Improvement Act requires the Department of Health and Human Services (HHS) to allow selected, eligible hospitals to offer telehealth services in cooperation with the Center for Medicare and Medicaid Innovation … Continue Reading
We have followed (here and here) the adoption of the Interstate Medical Licensure Compact (“IMLC”) by various states and the subsequent formation of a commission under the IMLC. We believe that the IMLC presents one promising avenue for the proliferation of telemedicine. In this post, we explore another initiative designed to encourage the development of … Continue Reading
In July of 2015 we noted that nine states had enacted laws to join the Interstate Medical Licensure Compact. We described this cooperative program intended to allow physicians to obtain expedited licenses to practice in multiple states. This would facilitate the delivery of telemedicine across state lines; physicians are generally prohibited from practicing, even remotely, … Continue Reading
Although telemedicine has made many technological advancements in the past decade, it still faces several legal and financial barriers to widespread use and acceptance. Chief among these are poor reimbursement policies; according to the American Telemedicine Association, 29 states earned an “F” for coverage and reimbursement standards. States have attempted to rectify some of these … Continue Reading
The European Commission has finally published its summary of 211 responses to its mobile health (“mHealth”) consultation. The summary and original responses to the consultation have been made available on the Commission’s website at https://ec.europa.eu/digital-agenda/en/news/summary-report-public-consultation-green-paper-mobile-health The consultation covered a broad range of important issues for mHealth, including legal frameworks, privacy and data protection, patient safety, … Continue Reading
Federal Trade Commission (FTC) chairwoman Edith Ramirez’s remarks at the International Consumer Electronics Show on Tuesday signal that FTC may be paying increased attention to privacy and security issues in the mobile health industry. The speech focused on how “the introduction of sensors and devices into currently intimate spaces – like our homes, cars, and … Continue Reading
Health care providers and other entities face a host of legal and practical challenges as they implement telehealth and telemedicine initiatives. For example, providers of telehealth services, and the entities creating or hosting telehealth platforms, must determine which federal and state privacy and security laws apply to them. These laws, such as the federal Health … Continue Reading
Medicare Part B pays for certain health services furnished to rural beneficiaries via an “interactive telecommunications system”—a system that provides for real-time audio and video communication. Among the covered services are office visits, certain behavioral health services, diabetes self-management training, and medical nutrition therapy. The practitioner furnishing the service remotely (the “distant site” provider) may … Continue Reading
